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Judgment
This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code (for short ‘CPC’) by the petitioner/husband praying the Court to transfer O.P.No.1331 of 2019 from the file of the I Additional Family Court cum XIV Additional Metropolitan Sessions Judge, Hyderabad, filed by him, to be heard along with F.C.O.P.No.673 of 2021 pending on the file of the Family Court, Ranga Reddy District, L.B.Nagar, filed by wife .
Heard Sri S.S.R. Murthy, learned counsel for petitioner, and Sri Chekuri Yadagiri, learned counsel for respondent.
Learned counsel for petitioner submits that the marriage of petitioner and respondent was solemnized on 18.11.2015 at Hyderabad. Since the year 2013 the petitioner is working with Alsripts, North Carolina, United States of America (for short ‘USA’). After the marriage, the petitioner and respondent stayed together in USA for some time and then returned to India in the year 2016. Thereafter, the respondent/wife stayed with her parents and filed criminal cases against petitioner under Sections 498-A and 506 of Indian Penal Code and under Sections 4 and 5 of the Dowry Prohibition Act, 1961, before the Women Police Station, Saroornagar, Ranga Reddy District.
He further submits that the petitioner/husband filed petition under Section 9 of the Hindu Marriage Act, 1955, against respondent/wife, praying to grant restitution of conjugal rights. The said petition was numbered as O.P.No.1331 of 2019 on the file of the I Additional Family Court cum XIV Additional Metropolitan Sessions Judge, Hyderabad.
Later, the respondent/wife filed F.C.O.P.No.673 of 2021 under Section 13(1)(ib) of the Hindu Marriage Act, 1995, against petitioner/husband, for grant of divorce and dissolution of marriage, pending on the file of the Family Court, Ranga Reddy District, at L.B.Nagar.
Learned counsel for petitioner asserted that as the subject matter and parties in O.P.No.1331 of 2019 and F.C.O.P.No.673 of 2021 are same, this Court may transfer O.P.No.1331 of 2019 from the file of the I Additional Family Court Cum XIV Additional Metropolitan Sessions Judge, Hyderabad, to be heard along with F.C.O.P.No.673 of 2021 filed by respondent/wife, pending on the file of the Family Court, Ranga Reddy District, L.B.Nagar.
Learned counsel for respondent informs the Court that there is no objection on behalf of respondent/wife as no prejudice is caused to her if O.P.No.1331 of 2019 is transferred to the Family Court, Ranga Reddy District, L.B.Nagar, as she resides in nearby locality.
Having regard to the submissions made and on going through the material placed on record, O.P.No.1331 of 2019 on the file of the I Additional Family Court Cum XIV Additional Metropolitan Sessions Judge, Hyderabad, shall stand transferred to the file of the Family Court, Ranga Reddy District, L.B.Nagar, to be heard along with pending F.C.O.P.No.673 of 2021 to avoid divergent orders.
IN THE RESULT, this Transfer Civil Miscellaneous Petition is allowed. The learned I Additional Family Court cum XIV Additional Metropolitan Sessions Judge, Hyderabad, shall transmit the entire record of O.P.No.1331 of 2019 duly indexed, within one (1) month from the date of receipt of copy of this order. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.